Introduction to Law

Jaap Hage · Bram Akkermans Editors Introduction to Law ...

Introduction to Law ...

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Jaap Hage • Bram Akkermans Editors Introduction to Law ...

Editors Jaap Hage Foundations and Methods of Law Maastricht University Faculty of Law Maastricht The Netherlands Bram Akkermans ...

Preface TheIntroduction to Lawthat you are now holding is special in the sense that it introduces students to law in general and ...

The editors ofIntroduction to Laware interested in your opinion of this book. We therefore invite you to send comments, suggesti ...

Contents 1 Foundations.......................................... 1 Jaap Hage 2 Sources of Law................................... ...

13 Elements of Procedural Law.............................. 287 Fokke Fernhout and Remco van Rhee 14 Philosophy of Law.......... ...

Contributors Aalt Willem Heringa Maastricht Montesquieu Institute, Maastricht University, Maastricht, The Netherlands Bram Akker ...

Foundations 1 Jaap Hage 1.1 What Is Law? The main question that must be answered in any introduction to law deals with the natur ...

Article 37, Section 1 of the International Covenant on Civil and Political Rights provides an example of a rule that creates a c ...

1.1.2 Law and Morality Legal rules are often compared to and contrasted with moral rules. One reason why this happens is because ...

1.1.2.2 Positive and Critical Morality Positive Morality When looking at the relationship between law and morality, it is useful ...

parties to such a dispute can predict what the judge’s decision will be, and that saves the parties, and society at large, time ...

1.2.1 Tribal Customary Law Nowadays we are very much accustomed to law as the law of a particular country, such as German law or ...

not easily distinguishable from religious and moral precepts. It is only at a later stage of development of a legal system that ...

1.2.3 Praetor and Iudex If two parties have a dispute about a particular case, the legal solution will depend on two factors: th ...

legislation of several centuries. Another part consisted of theDigest, a collection of excerpts from writings of jurists from th ...

continental legal reasoning focuses on the creation and the application of rules, mostly statutory rules, while the emphasis in ...